GOLDRUSH RALLY 2010
TERMS AND CONDITION OF REGISTRATION AND PARTICIPATION
PLEASE COMPLETE THE GOLDRUSH RALLY 2010 APPLICATION FORM
WITH PERSONAL DETAILS, VEHICLE DESCRIPTION, REASONS YOU WISH TO PARTICIPATE AND
ANY OTHER INFORMATION YOU DEEM PERTINENT AS TO WHY YOU AND YOUR VEHICLE SHOULD
BE ACCEPTED AS A PARICIPANT.
ANY PERSON TRAVELING IN A GOLDRUSH RALLY 2010 VEHICLE MUST
SIGN THIS AGREEMENT.
BY COMPLETING THIS APPLICATION AND PARTICIPATING IN THE
GOLDRUSH RALLY 2010, YOU (A) ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONED
CONTAINED HEREIN; and (B) AGREE TO TENDER PAYMENT OF THE ENTIRE REGISTRATION
FEE (ALL ENTRY FEE PAYMENTS ARE FINAL AND NON-REFUNDABLE).
1. SAFETY
THE GOLDRUSH RALLY (the "Rally") IS NOT A RACE. You
must NOT compete in any manner with other participants. You must NOT place any
bets of any kind in relation to the Rally. You must drive safely and with
proper courtesy to all other participants and members of the public. You must
NOT drive if your ability to do so safely and properly is in any way
compromised by illness, lack of adequate rest, medically intoxicated, under the
influence of illegal substances or any other condition that will put you and your
surrounding Rally participants, general driving public, pedestrians, and any
other persons or property at risk in any way whatsoever.
You MUST comply with all applicable laws and regulations of
the City, County, State and Country in which you are present at any given time
during the Rally, including but not limited to all speed regulations, laws of
the road, laws relating to the safety of your vehicle and operation of your
vehicle, laws relating to registration of your vehicle, laws relating to your
personal license to operate a vehicle, insurance laws relating to your
operation of your vehicle, and laws relating to the possession or use of
alcohol, drugs or other prohibited substances. The GoldRush
Staff reserves the right to prohibit you from participating further in the
Rally for any single violation of the foregoing or of any terms and conditions
contained herein.
Participant will at all times wear a badge/label including
the above language (or similar language) during the Rally. GoldRush
Staff will provide the badge/label.
2. DATES/ROUTE
DAY 1: Seattle
DAY 2: Portland
DAY 3: San Francisco
DAY 4: Los Angeles
DAY 5: Las Vegas
3. PARTICIPATING VEHICLE:
The Rally is open to all makes, models and years of
vehicles. However, the majority of vehicles will be "Luxury, Sports, Classic
& Exotic" cars. We are looking for a diverse, unique collection of high-end
vehicles. Places are limited to just one hundred (100) vehicles and there is no
guarantee with respect to available spots, but the more amazing, eccentric or
unique the car, the better the chance of acceptance into the Rally.
3. PARTICIPANT'S AGE:
Any participant or passenger in a Rally vehicle (a
"Participant") must be 21 or over.
4. RESPONSIBILITY:
GoldRush Rally LLC and its
members, employees, consultants, agents, staff, assigns, and attorneys
(collectively, "GoldRush Staff") accept no
responsibility for and shall not be liable to any Participant for the
consequences of a Participant's actions or omissions in participating in the
Rally, including but not limited to being cited, charged, prosecuted, or
prohibited from participation arising from the improper conduct of a
Participant at any location, stop, facility, establishment, public road, or any
other place a Participant in present during the Rally 2010.
5. INSURANCE:
Each Participant shall obtain and maintain appropriate
insurance covering your participation in the Rally and shall provide proof of
such insurance in a form satisfactory to GoldRush
Staff should they request such documentation. Appropriate insurance includes,
without limitation, third party liability, liability coverage for each
Participant, medical insurance, damage to property and life insurance, and
insurance covering Participant vehicle's participation in the Rally.
6. VEHICLE:
Each Participant must have a legal and valid vehicle
registration with name of Participant matching such Participant's vehicle.
7. AUTOMOBILE LICENSE:
Each Participant must hold a current, valid and unrestricted
driver's license issued from one of the United States and must present same to
the GoldRush Staff upon request.
8. SOBRIETY:
Each Participant must be completely sober while operating
any motor vehicle. Each Participant must NOT consume alcohol while driving nor
drive under the influence of alcohol or any other intoxicating substance at any
time.
9. INDEMNITY
You will indemnify the GoldRush
Staff against any and all claims, lawsuits or causes of action of any kind
arising from the Rally and brought by any third party as a result of
Participant's actions, omissions or participation in the Rally, including but
not limited to Participants violation of any Federal, State, County or City
laws, ordinances or regulations, or Participant's breach of any terms and
conditions contained herein.
10. FORCE MAJEURE:
GoldRush Staff is not responsible
if it cannot fulfill its obligations due to fire, earthquake, epidemic
diseases, cyclone, flood, aridity, strike, lightning, revolution, terrorist
activities and similar troubles, and in other cases generally accepted as Force
Majeure under the statutes and case law of the State of California.
11. LOGO:
Participant agrees to have the "GoldRush
Rally" logo and any other logos designated by GoldRush
Staff, including but not limited to official Rally sponsors, attached to
Participant's vehicle during the entire Rally. Participant may not obscure or
alter such logos and must keep them clean and readily visible at all times
during the Rally. Such logos will be easily removable without damaging vehicle
finishes. GoldRush Staff will therefore not be
responsible for claims of damage to vehicle finishes as a result of the
application or removal of such logos.
12. PERSONAL SPONSORSHIP:
Personal sponsorship for Participant's vehicle or
Participant's clothing is only permitted with the prior written consent of GoldRush Staff, which may be withheld in the sole
discretion of GoldRush Staff. GoldRush
Staff reserves the right to refuse unauthorized sponsored vehicles from
participating in the Rally.
13. NO REFUNDS:
Once accepted to participate in the Rally, Participant must
immediately tender payment of the reservation fee in the amount of ($3,000.00)
(the "reservation fee") or risk losing Participant's place in the Rally. Once a
Participant is accepted to participate in the Rally and has tendered the
reservation fee, the reservation fee is non-refundable and will not be returned
under any circumstances, including but not limited to Participant's inability
to participate for any reason. The remaining payment of the entry fee of
($6,000.00)("the entry fee") in the amount of
($3,000.00) is due one month prior to the commencement of the event on June
8th, 2010 and is due on or before (May 8th, 2010). There will be NO REFUNDS
should you cancel your participation in the event after the date of May 8th,
2010.
After the commencement of the Rally, GoldRush
Staff will NOT make any refund of the entry fee or pay compensation to you if
you are unable to continue in the Rally for any reason whatsoever. Although all
vehicles have sufficient time to arrive at each destination, the route of the
Rally is demanding. If Participant does not manage to complete any part of the
route and are unable to stay at the provided venues, Participant will NOT be
entitled to any refund of the entry fee whatsoever.
The GoldRush Staff reserves the
right to refuse participation in or to cancel the Rally at any time for any
reason whatsoever. In case of the cancellation of the Rally or the refusal to
allow Participant to participate, no refunds of the entry fee will be made.
14. IMAGE RIGHTS:
By participating in the Rally, Participant consents to be
photographed and to be included in the filming of footage documenting the
Rally. Participant hereby waives any and all rights of
publicity or privacy and grant the GoldRush
Staff full and complete permission to utilize and exploit Participant's
appearance in the Rally in any and all manner and media throughout the world in
perpetuity. Participant further agrees that the GoldRush
Staff has the sole discretion to use or refuse to use any photographs or
footage in which Participant appears, and that if the GoldRush
Staff does use such photographs or footage, it may be edited at the GoldRush Staff's sole discretion. Participant consents to
the use of your name, image, likeness, voice and biographical material in
connection with any and all footage, publicity and related promotional material
and for any and all publicity and promotional purposes. Participant expressly
releases the GoldRush Staff from and against any and
all claims which Participant has or may have for invasion of privacy,
defamation or any other cause of action arising out of the production,
distribution, broadcast or exhibition of photographs, footage or any
promotional materials.
15. PERSONAL FILMING:
Participant is only entitled to take photographs and film
footage of Participant's participation in the Rally for non-commercial purposes
(that is for personal and private use only). Specifically, Participant is not
entitled to reproduce or use photographs or footage of the Rally on any
website, in any printed media or matter or in any television program without
first obtaining the prior written consent of the GoldRush
Staff. Participant hereby agrees to assign (by way of present assignment of
future copyright) all of Participant's right, title and interest in the
worldwide copyright and all intellectual property rights in such photographs or
footage in perpetuity together with exclusive worldwide rights of exploitation
thereof to the GoldRush Staff and deliver to the GoldRush Staff within 30 days of the end of the Rally, at
no cost to the GoldRush Staff, a tape in any format
of all the footage originated by Participant at the Rally and copies of all
photographs taken at the Rally.
16. RALLY LOGOS:
Participant shall not be entitled to use the "GoldRush Rally" logo and any other logos designated by GoldRush Staff for placement on Participant's vehicle
during the Rally for any purpose whatsoever (other than placing the logo on
Participant's vehicle during the Rally) without obtaining the prior written
consent of the GoldRush Staff. In particular,
Participant shall not be entitled to use the "GoldRush
Rally" logo and any other logos designated by GoldRush
Staff for placement on Participant's vehicle during the Rally on any website or
in printed materials without obtaining the GoldRush
Staff's prior written consent.
17. MEDIA APPEARANCES:
Participant shall not be entitled to arrange or conduct any
media appearances relating to Participant's participation in the Rally without
obtaining the prior written consent of the GoldRush
Staff.
18. CHANGE OF TERMS:
The GoldRush Staff reserves the
right to change these terms and conditions from time to time subject to
notifying Participants of the changes. Participant shall be deemed to have
accepted the amended terms and conditions by participating in the Rally.
19. GOVERNING LAW: CALIFORNIA:
These terms and conditions, this agreement and Participant's
participation in the Rally shall be governed in accordance with the laws of the
State of California, and Participant our participation, and Participant submits
to the jurisdiction of the Courts of the State of California, exclusively. By
completing the entry form, participating in the Rally, and accepting these
terms and conditions, Participant is entering into a legally binding agreement
with GoldRush Rally LLC to participate in the Rally
on these terms and conditions.
Participant understands that while the GoldRush
Staff will endeavor to keep Participant's personal information secure, GoldRush Staff does not accept any responsibility should
loss or theft of this information occur. Participant consents to its personal
details being passed on to other third parties that the GoldRush
Staff deems appropriate.
20. WAIVER - RELEASE AND WAIVER OF LIABILITY
A. Risks Associated with Participation
Participant acknowledges and realizes that participation in
the Rally is potentially dangerous and that there are numerous risks associated
with participation. Such risks and dangers include, but are not limited to,
traffic accidents, collisions with pedestrians, vehicles, other drivers, and/or
fixed or moving objects, and the negligence of other drivers. Further,
Participant fully understands and realizes that participation in the Rally may
result in serious bodily injury and/or death to Participant, or others.
Participant further realizes and understands that the route of the Rally will
require driving on public roadways upon which the hazards of traveling are to
be expected. Further, Participant realizes that participation in the Rally will
require strenuous physical exertion as participants will be required to drive
for very long periods of time, including the risk of driving through inclement
weather.
B. Assumption of the Risks
With full knowledge and understanding of the risks
associated with participation in the Rally, Participant enters the Rally
voluntarily and fully accepts and assumes every such risk for loss, damage, or
injury (including death).
C. Compliance with Terms and Conditions of Entry
Participant agrees to comply with all the Rally's terms and
conditions of entry. Participant acknowledges and understands that the GoldRush Staff will use reasonable efforts to ensure that
all other participants abide by the terms and conditions of entry, but cannot
guarantee that the participants will abide by these terms and conditions.
D. Release of Liability
In consideration for being permitted to participate in the
Rally, Participant hereby waives, releases, and forever discharges, for
Participant, its heirs, executors, administrators and legal representatives,
any and all rights and/or claims which Participant has, may have, or may hereafter
accrue to Participant against the GoldRush Staff (and
its officers, directors, employees, consultants, agents) and Rally sponsors for
any and all damages, injuries (including death), and/or claims which may be
sustained by Participant or its vehicle directly or indirectly arising out of
Participant's participation in the Rally (including the application of
emergency or medical services at the Rally) even if the damages, injuries
(including death), and/or claims are caused by the negligence of those persons
listed above or otherwise nothing in these Terms and Conditions shall be
construed as excluding or limiting the GoldRush
Staff's liability for personal injury or death arising from its negligence or
the negligence of persons under its control. Further, Participant covenants not
to sue the GoldRush Staff (and its officers,
directors, employees, consultants, agents) and Rally sponsors for any and all
damages, injuries (including death), and/or claims which may be sustained by
Participant directly or indirectly arising out of Participant's participation
in the Rally. This release and discharge includes, but is not limited to,
claims for personal injury, death, property damage, economic loss, breach of contract, lost wages, contribution indemnity, indemnity,
punitive damages, negligence, or any other legally recognizable claim arising
out of Participant's participation in the Rally (including all legal costs
associated with such claims).
E. Indemnity
Participant hereby agrees to release, defend, indemnify, and
hold harmless the GoldRush Staff (and its officers,
directors, employees, consultants, agents) and Rally sponsors and licensees and
assigns from and against any and all claims, demands, damages, suits,
liabilities or actions arising directly or indirectly out of Participant's
actions or otherwise from Participant's participation in the Rally whether made
or claimed during or after the Rally, including all associated costs and
expenses and any amounts which the GoldRush Staff may
pay as a settlement or compromise of any such claims or liabilities.
|